88R14892 JCG-D
By: Huffman, Parker S.B. No. 20
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of criminal offenses by district
attorneys, criminal district attorneys, and county attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 87, Local Government Code,
is amended by adding Section 87.0135 to read as follows:
Sec. 87.0135. OFFICIAL MISCONDUCT GROUNDS: POLICY OF
NONENFORCEMENT OF CRIMINAL OFFENSES. (a) In this section:
(1) "Policy" includes a formal, written rule or policy
and an informal, unwritten policy.
(2) "Prosecuting attorney" means a district attorney
or a county attorney with criminal jurisdiction.
(b) A prosecuting attorney may not:
(1) adopt or enforce a policy under which the
prosecuting attorney prohibits or materially limits the
enforcement of any criminal offense; or
(2) as demonstrated by pattern or practice, prohibit
or materially limit the enforcement of any criminal offense.
(c) In compliance with Subsection (b), a prosecuting
attorney may not prohibit or materially limit a peace officer or
attorney who is employed by or otherwise under the direction or
control of the prosecuting attorney from enforcing any criminal
offense.
(d) A prosecuting attorney who violates this section
commits official misconduct for purposes of removal under this
subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.